Mack v. State
60, 2021
| Del. | Jun 17, 2021Background:
- In May 2019 Mack pleaded guilty to aggravated possession of PCP (treated as a class D violent felony due to a prior Title 16 conviction) and possession of ammunition by a person prohibited; Superior Court imposed lengthy Level V sentences suspended to supervision.
- Mack’s prior Title 16 conviction (trafficking PCP, "2012 Conviction") carried an original sentence effective April 19, 2012; he was confined for a violation of probation (VOP) and resentenced effective October 17, 2013 with Level V time credited.
- Mack moved under Superior Court Criminal Rule 35(a) in Feb 2020 arguing the 2012 conviction did not qualify as a “prior qualifying Title 16 conviction” because confinement ended more than five years before the new offense; the Superior Court denied relief and Mack did not appeal that denial.
- Mack filed a second Rule 35(a) motion in Dec 2021 raising the same qualification argument and additional claims that his 2018 guilty plea was not knowing and that Wiggins v. State required reversal; the Superior Court denied the motion and Mack appealed.
- The Delaware Supreme Court reviewed whether the 2012 conviction qualified under 16 Del. C. § 4751B(1), concluding Mack’s October 2013 VOP confinement fell within the five-year trigger and that Level IV VOP Center confinement counts for Level V credit.
- The Court held claims attacking the plea and invoking Wiggins were outside the narrow scope of a Rule 35(a) motion and previously waived by Mack’s knowing, voluntary plea; the motion to affirm was granted and the judgment was affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mack’s 2012 conviction was a “prior qualifying Title 16 conviction” under § 4751B(1) | Mack: incarceration/confinement for 2012 conviction ended >5 years before Sept 2018, so it does not qualify | State: Mack’s Oct 2013 VOP confinement resumed confinement within five years and counts; Level IV VOP Center time counts as Level V credit | The 2012 conviction qualified; Superior Court did not err |
| Whether Mack’s guilty plea was knowing, intelligent, and voluntary | Mack: plea was not knowing and voluntary | State: plea was previously adjudged knowingly voluntary and waived pre-plea errors | Plea issues are outside Rule 35(a) and were previously waived by the valid plea |
| Whether Wiggins requires reversal of aggravated possession conviction | Mack: Wiggins shows insufficient evidence re PCP weight/mixture and requires reversal | State: Wiggins-based challenge attacks pre-plea errors and is outside Rule 35(a); plea waiver applies | Wiggins claim is outside Rule 35(a) and waived by the guilty plea |
Key Cases Cited
- Wiggins v. State, 227 A.3d 1062 (Del. 2020) (addressing evidentiary/legal standard for PCP-chunk mixture and threshold weight issues)
- Brittingham v. State, 705 A.2d 577 (Del. 1998) (explaining Rule 35(a) limits and what constitutes an illegal sentence)
- Hill v. United States, 368 U.S. 424 (1962) (principle that a voluntary plea waives pre-plea constitutional challenges)